- Jaime Deschamps
Foreign Investment in Mexico - National Registry
Mexican companies with foreign investment are required to register in the National Registry of Foreign Investment (Registro Nacional de Inversión Extranjera, RNIE), which is under the Ministry of Economy, as well as to file notices in this regard.
The most relevant aspects of this matter are the following:
1) At the moment of incorporation/entering a company: Include in the bylaws a clause regarding the admission of foreigners:
At the beginning every company with foreign capital must include in its bylaws (the rules of the company), a clause of admission of foreigners, in which according to articles 27-1 of the Constitution and 15 of the Foreign Investment Law, foreigners agree to consider themselves as nationals regarding their participation in the company, as well as the activities carried out through the same and not to invoke the protection of their governments in this regard; under the penalty, in case of failure to comply with the agreement, of forfeiting to the benefit of the Nation, the assets/shares they have acquired by virtue thereof.
2) Within 40 (forty) business days from the incorporation or, as the case may be, entry into the company: notice of registration must be given to the RNIE.
You can check if your company is registered in the RNIE, in the following link: https://datos.gob.mx/busca/dataset/registro-nacional-de-inversiones-extranjeras-rnie
In the event that the filing exceeds the established term, the obligated parties will be subject to a penalty ranging from 30 to 100 UMA (Unidades de Medida y Actualizacion) per day. You can calculate your infraction at the following link: https://rnie.economia.gob.mx/RNIE/faces/sanciones.xhtml
Application Form for Registration in the National Registry of Foreign Investments. Original and Copy.
Legal instrument that accredits the personality of the legal representative. Original and copy.
Official Identification of the Legal Representative. Original and copy.
Letter of authorization to carry out procedures before the RNIE (if applicable), it must be signed by an attorney-in-fact with powers to grant powers of attorney. Original and Copy.
Official identification of the authorized person to carry out procedures before the RNIE. Original and copy.
Proof of payment of fine (if applicable). Original and copy.
Tax Identification Card issued by the SAT. Original and copy.
Articles of Incorporation of the Company. Original and copy.
Document that proves the income of the foreign investment. Original and copy.
Document that proves the source of financing (if applicable). Original and copy.
Document that proves the condition of stay in Mexico (if applicable). Original and copy.
The process can be submitted electronically, by sending the requirements to the following e-mail address: email@example.com., from 00:00 to 23:59 hrs.
3) File quarterly notices: Within 10 business days following the close of each quarter (January-March, April-June, July-September, and October-December).
If any of the following changes are made:
Name, denomination or corporate name.
If there are variations in any of the following accounts, greater than twenty million pesos ($20'000,000.00):
Capital stock and/or shareholding structure that imply a change in the participation in the capital stock of foreign individuals or legal entities.
Assets. Accounts receivable from Subsidiaries resident abroad, Partners or Shareholders resident abroad and/or Companies resident abroad that are part of the corporate group and that do not participate as partners or shareholders.
Liabilities. Accounts payable to Subsidiaries resident abroad, Partners or Shareholders resident abroad and/or Companies resident abroad that are part of the corporate group and that do not participate as partners or shareholders.
Stockholders' equity. Contributions for future capital stock increases.
Stockholders' equity. Capital stock reserves or results of previous years.
In the event that the presentation exceeds the established term, the obligated parties will be subject to a penalty ranging from 30 to 100 Units of Measurement and Actualization (UMA) per day.
4) File annual notice: If denomination/name starts from "A" to "J", during April; and, From "K" to "Z", during May. If the name or company name begins with a number or any other character, it must be filed during May.
When any of the following accounts is greater than one hundred ten million pesos ($110'000,000.00):
Initial total assets,
Final total assets,
Initial total liabilities,
Final total liabilities,
Revenues in the country and abroad or
Costs and expenses at home and abroad
#Mondayof #Legaltip #BLPAdvisors #Thelegalstartupforstartups